Western Australian Numbered Acts Western Australian Numbered Acts (1) Section 89(2)
is repealed and the following subsection is inserted instead —
“
(2) A parole eligibility order must not be made if the
fixed term, or the aggregate of the fixed terms, imposed by the court is less
than 12 months, except where the offender, at the date of the sentence,
is serving or has yet to serve —
(a) a
parole term imposed previously; or
(b) a
fixed term or fixed terms imposed previously —
(i)
which, or the aggregate of which, is less than
12 months; and
(ii)
which, with the term or terms imposed by the court, would
result in an aggregate of 12 months or more.
”.
(2) After
section 89(5) the following subsections are inserted —
“
(5a) If, in a case to which subsection (2)(b) applies,
a court decides that an offender is to be eligible for parole, it is to make a
single parole eligibility order in respect of the fixed term or fixed terms it
imposes and the term or terms imposed previously.
(5b) If, in any other
case —
(a) a
court decides that an offender is to be eligible for parole; and
(b) at
the date of the sentence the offender is serving or has yet to serve a fixed
term or fixed terms imposed previously which, or the aggregate of which, is
less than 12 months,
the court may make a
single parole eligibility order in respect of a fixed term or fixed terms that
it imposes and the term or terms imposed previously.
”.